The Americans with Disabilities Act (ADA) is a federal law passed in 1990, aimed at ensuring people with disabilities have equal access to public spaces, including businesses. In California, this is amplified by state laws, including the Unruh Civil Rights Act and the California Disabled Persons Act, which add additional teeth to the ADA by allowing monetary damages—generally, $4,000 minimum per violation, plus legal fees.

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Why is San Francisco a target for ADA lawsuit filers?

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San Francisco sees a large number of ADA lawsuits, partly because California’s laws make it lucrative for plaintiffs and their lawyers. San Fransisco has a mix of old buildings, dense commercial areas like Chinatown or the Mission, and a progressive bent that puts accessibility issues on the radar. 

But the city is also a hotspot for what many call “serial filers”—individuals who file dozens, even hundreds, of ADA lawsuits, often targeting small businesses for quick settlements. Data suggests California deals with over 40% of the nation’s ADA lawsuits despite having just 12% of the disabled population. 

In San Francisco alone, estimates from past years are at least 300 cases locally, though exact numbers fluctuate and can be hard to determine.

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What Triggers a San Francisco ADA Lawsuit?

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ADA lawsuits are usually filed over “architectural barriers”—this includes things like:

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• Parking: Not enough accessible spaces or improper signage.

• Entrances: Steps without ramps, doors too narrow, or thresholds too high.

• Restrooms: No grab bars, tight spaces, or high sinks.

• Paths of Travel: Aisles too narrow or cluttered (e.g., a recycling bin blocking access, as one Inner Richmond coffee shop found out the hard way).

• Seating: Tables not wheelchair-friendly.

Lately, there has also been an explosion in website accessibility lawsuits. If a website isn’t screen-reader-friendly for the blind, it risks ADA litigation. In 2022 alone, over 50 Bay Area wineries got hit for these types of alleged violations.

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The Catch for Business Owners

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Here’s the rub: you might not even know you’re out of compliance until you’re served papers. Typically., building departments do not check for ADA issues when issuing permits—it’s on you, your architect, or contractor. 

In terms of fixing the ADA issues, in a city of historic buildings and sky-high renovation costs, that may be easier said than done. A ramp might cost thousands, and settling a suit often runs $10,000-$20,000—cheaper than fighting in court, where legal fees can hit $50,000 or more.

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The “Drive-By” Problem

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Many lawsuits come from folks who never intended to patronize the business that they sue. They roll by, snap a photo of a non-compliant ramp, and file—sometimes without even stepping inside. Critics call it drive-by litigation; advocates say it’s the only way to enforce a 35-year-old law.

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Either way, business owners are stuck. In 2021, San Francisco's Chinatown recently saw over 120 suits from just a couple of plaintiffs, often immigrant-owned businesses that were already reeling from the pandemic.

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How to Protect Yourself

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While there is no sure-fire way to prevent an ADA lawsuit from being filed, there are steps that business owners can take to minimize the chance of being sued. Examples include:

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1. Get a CASp Inspection: Hire a Certified Access Specialist (CASp)—it’s your best shield. A pre-lawsuit CASp report can cut damages owed per violation and buys time to fix issues.

2. Check Your Lease: Landlords often push ADA compliance onto tenants—read the fine print.

3. Fix the Obvious: Clear pathways, add signage, tweak what you can afford now. Small steps show good faith.

4. Insurance: Some general liability policies cover ADA suits—call your provider.

5. Know the Game: If sued, don’t rush to settle. Consult a lawyer to discuss the specifics of your matter—some claims are flimsy (e.g., suing a takeout joint for table height). Fighting might cost more upfront but could deter future filings.

The Bigger Picture

San Francisco’s leaders are aware of the ADA lawsuit problem. In 2021, then-DA Chesa Boudin launched a probe into “frivolous” suits targeting Chinatown, and the city considered ideas including expedited permits for ADA related repairs or landlord notifications. But reforms are slow, and the lawsuits continue to target San Francisco businesses.

The ADA is a good law—nobody wants to exclude disabled customers—but in practice, it’s a lawsuit minefield for San Francisco business owners.